Law Commons^™

The Integration Between Housing And Transportation In Contemporary City And Regional Planning: Transit-Oriented Development For The San Luis Obispo Station, Aidan Zachary Clark, Keigo Justin Yamamoto, Owen Deane Troy

City and Regional Planning

This transit-oriented development will help mitigate the housing crisis in California starting with San Luis Obispo at the local level by developing housing for all demographics. The project will be beneficial towards increasing the livability and connectivity of current residents, commuters, and visitors of the San Luis Obispo region. The project will also activate the spaces by providing a walkway and commercial development for people that were previously not present. The proposed development is projected to activate the area, with new amenities, while promoting the site’s existing uses; The existing cafe and restaurant within the project site will not be …

Let It Burn: A Case Study On The Risk Management Practices Of Burning Man Project, Ethan S. De La Torre

Experience Industry Management

Risk management can be defined as a decision-making process of planning, identifying, analyzing, developing a response for, and controlling potential risks with the goal of minimizing the negative impacts of those risks. Risk management is an essential practice for all events, especially large-scale, live entertainment events. The purpose of this study was to examine the risk management practices for Burning Man. The instrument utilized in this study was a best practices guide developed by the researcher. Data were collected prior to, during, and following Burning Man 2022: Waking Dreams. Sources of data include printed material and online sources published by …

Environmental Justice Mapping In The U.S. Pacific Island Territory Of Guam, Ben Rocha

Master of Science in Environmental Sciences and Management Projects

Academics, regulators, and the public currently use geospatial analysis tools to identify locations that may be candidates for further environmental justice review in the continental United States (U.S.). However, current environmental justice geospatial analysis tools overlook a small but significant portion of the U.S. - the U.S. Pacific Islands. This study analyzes environmental justice within the U.S. Territory of Guam using existing geospatial analysis methods and publicly available environmental, climate, and socio-economic data to: (1) Spatially map relevant demographic and environmental data and (2) determine the correlation, if any, between the exposure to environmental hazards and the socio-economic status of …

Investigating Student Interest In The Addition Of A Construction Law Topics Course, Flint D. Merrill-Gehrke

Construction Management

In the Construction Management program, our goal is to prepare for the responsibilities imposed upon us during a construction project. A major responsibility among these is navigating the complex legal relationships inherent to a construction project. While Cal Poly offers one Construction Law course, students are underprepared for what they will face. This project is designed to gauge interest from the Cal Poly Construction Management student body in the addition of a Construction Law topics course. It also aims to understand if additional legal studies would better prepare students for their entrance into the industry. Students were asked to answer …

Development Of A Topics Course For Construction Law, Julia C. Hoever

Construction Management

The Cal Poly Construction Management program is designed to prepare students heading into the construction industry for daily management tasks. With construction comes many legal aspects integrated into a project’s operations. Though the curriculum includes a contract law course, a gap exists with a minimal number of classes that address the array of legal matters the construction industry must be versed in. Working with faculty member, Thomas Kommer, J.D., there is a need for a course that expands on these varying legal topics. In order to determine the specific topics that would impactfully benefit and educate Cal Poly Construction Management …

Nopal En La Frente: Racial Passing And The Hidden Indigeneity Of The Los Altos Region Of Jalisco, 1720-1950, Brandon Manuel Márquez

History

When people look at Los Altos de Jalisco, they typically think of this area as representing a pocket of European ancestry in a mestizaje state. Yet this ignores one huge aspect of this region: its indigenous history. Throughout the last three hundred years, the Los Altos region of Jalisco has allowed for the racial passing of many different families. This is all the more significant because many of its citizens have what many believe to be European features- mainly being light hair, light skin, and colored eyes. Because of these perceived European features, many of the Alteños believe that they …

The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne

Master's Theses

In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …

Subcontractor Claim Management And Dispute Resolution Methods In The State Of California Versus The Province Of British Columbia: A Case Study, Harrison A D Grant

Construction Management

In the construction industry, discordance between what is expected versus what is delivered often arises. This disparity is commonly handled using informal negotiation. However, if negotiations fail, then claims and disputes often emerge. Issues involving scope of work, change orders, schedule, and payment can lead to conflicts. Companies try to employ the best alternative dispute resolution method to settle subcontractor claims and disputes without the need for litigation. Speaking with construction professionals in California and British Columbia, a difference in opinion exists as to which method is considered most effective when dealing with subcontractor claims and disputes. In California, the …

Increasing Groundwater Recharge Activity In The San Joaquin Valley Of California, Jacob Willhite, Jacob Willhite

Agricultural Education and Communication

Over the past several decades, groundwater has become a primary source of water used for agriculture in California. Surface water available for agricultural use has depleted due to declining rain totals and reallocation to environmental purposes. As a result, groundwater overdraft has become a severe challenge, especially in the San Joaquin Valley of California. This excessive overdraft causes a plethora of issues, one of the most serious being land subsidence (Faunt, Sneed, Traum, & Brandt, 2016). Studies suggest some areas of the San Joaquin Valley have experienced more than a 28-foot drop in the land level since the 1970’s (Alley …

Does The Press Have A Right To Be Wrong?: Fake News, Press Freedom, And Defamation Law In 2021, Nathan T. Danielson

Journalism

The following study analyzes defamation lawsuits filed against Fox News and its on-air personalities by companies that manufactured and maintained voting machines used in the 2020 US presidential election. Smartmatic and Dominion accused Fox in court of broadcasting debunked allegations that the companies had rigged the election against incumbent president (and longtime Fox viewer) Donald Trump. The size of the sought-after damages, and the size of Fox itself, make this the largest “fake news suit” in history. This study explores the merits of the suits, defenses to defamation (particularly opinion, political speech, and retraction) and the potential ramifications of a …

Succession Planning In Farming- A Guided Step, Alexandra Lavy

Agricultural Education and Communication

The author began this project by researching a variety of tax laws, succession planning, and what document and resources were already available to farming and ranching families.

For example, for the Introduction to Succession Planning in California section, the author described what succession planning is and explained the process. The author explained that a study found that nearly 50% of farmers do not have a succession plan, and how not being prepared will affect those farmers. This project created a guideline for farmers to follow when planning their succession, as well as why it is important. This project outlined the …

Liquidated Damages: An Analysis Of Their Use And Effectiveness, Alfredo N. Aragon

Construction Management

A construction company’s success and/or failure is dependent upon project completion with respect to time and budget. Failure to meet the contract completion date results in a loss of profit for owners and contractors alike. In order to help mitigate project delays, liquidated damage clauses have been included into construction contracts. Incorporating provisions within the construction contracts in the form of liquidated damages aims to help shift the financial burden when there is a failure to meet contractual obligations, hopefully offering quick compensation for delays. Unlike general or actual damages, liquidated damages are pre-defined and agreed upon prior to entering …

Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung

History

Asian Americans have been long overlooked in the United States for their contributions and have been restricted by ever-changing stereotypes and perceptions. Within the Asian American community, the incarcerated population and former criminals have been hidden because of cultural stigmas and missing statistics. In the 1980s, a large population of Asian American youth were becoming involved in criminal activity because of difficulty adapting to life in the United States after arriving at a young age. Gang membership and racial profiling increased the chances that Asian Americans would be arrested, although Asian Americans are less likely to be sentenced to prison …

Form Based Codes And Economic Impacts: A Multivariate Regression Analysis And Case Study, Jacob M. Howard

Master's Theses

After a 100-year history, traditional zoning practices are being challenged as a contributing factor in a number of social, heath and economic problems facing cities in the United States. In this context, form based codes have emerged as a possible alternative way for cities to guide development. Growing out of the New Urbanist movement, form based codes frequently mix uses, allow for a greater variety of housing types and encourage development that is both denser and more compact. Despite an established literature which links land-use regulations, and zoning in particular, to fiscal outcomes, the impacts that form based codes have …

Implementing Restorative Justice Programs In The Cal Poly Community, Bryce R. Fauble Iii

Liberal Arts and Engineering Studies

This paper is the result of a year-long senior project for the Liberal Arts and Engineering program at California Polytechnic State University. This paper attempts to educate the reader on what Restorative Justice is, why it faces challenges in the United States, and how it has been implemented, both in the United States and outside of it. In addition, this paper describes my own experience with implementing Restorative Justice Programs with both the city of San Luis Obispo and California Polytechnic State University. This experience includes the challenges that I faced along the way, and how these challenges are indicative …

The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson

Journalism

The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …

How To Make The Jailhouse Rock: An Evaluation Of Effective Music Therapy Methods Among Juvenile Offenders, Katelyn Rose Tomasello

Music

No abstract provided.

The Rise And Fall Of The Patent Trolls: How They Lost The Public Relations Battle, Liz Weber

Journalism

Patent trolls gained notoriety in the early 2000s as many nine- and even 10-digit patent infringement settlements made headlines. Trolls claim they are helping inventors get the compensation they deserve for their inventions, while opponents claim trolls are parasites on successful businesses who want glittering pots of gold in exchange for doing absolutely nothing. As the debate continues and parties on both sides continue to call for patent reform, the question arises: what is best of the IP overall market? And how can patent trolls utilize communications best practices to ensure their message is convincingly conveyed to key influencers who …

Talking Back, With Reawakened Voices: Analyzing The Potential For Indigenous California Languages Coursework At California Polytechnic State University, Logan Cooper

Ethnic Studies

The legacy of colonialism in the United States, including genocidal practices and cultural assimilation, has left Indigenous languages endangered. Native peoples, scholars, and activists have been working to revive and heal the languages of America’s first peoples, and the cultures those languages speak to, yet more work remains in the field of language revitalization. California Polytechnic State University, San Luis Obispo currently does not offer any course specifically teaching or discussing Indigenous languages, even those of the Chumash people who know the San Luis Obispo area as their ancestral homelands.

By synthesizing revitalization and Indigenous activist literature with the narratives …

El Camino Hacia El Extranjero, Lupita M. Murillo

World Languages and Cultures

This project focuses on capturing the life of two Mexican individuals who later encountered in the United States. The intent of this senior project is to interview my mother and father to see through their eyes the life they had in Mexico, their motivation to cross the border, the difficulties of crossing the border and assimilating to the new culture. These interviews will be a basis for this novel so that the reader can see how the American Dream came with struggle and pain. Each chapter will close at a common point in both character’s life so that the reader …

Diario De Perla Jimenez, Brenda Dorantes

World Languages and Cultures

The aim of this project is to present the effect of the immigration issue in the United States, with a direct focus in San Luis Obispo, and including a spread of intercultural knowledge between the Hispanic and the Caucasian community. Through a fictional short story, the manifestation of these ideas will relate to current events occurring in our society today. These events focus primarily on immigration in California, deportation issues, socioeconomic issues in Mexico, and the cultural barrier seen in Mexican and American cultures; expressed through the main character: a young college student named Perla.

My primary goal in completing …

Cambria's Water War: Legal Analysis Of The Building Moratorium And Its Implications For Land Owners, Jayson Parsons

Political Science

With each passing year, Cambria, California's building moratorium becomes increasingly controversial. The moratorium, enacted by the local community services district in 1986 due to a series of water shortages, has resulted in nearly 43% of all property owners under the district's purview to be denied the ability to develop their parcels. This paper seeks to examine the constitutionality of this moratorium using relevant regulatory takings jurisprudence.

Reviewing United States Supreme Court precedent, including Pennsylvania Coal v. Mahon (1922), Penn Central Transport v. New York City (1978), Lucas v. South Carolina Coastal Council (1992), and Tahoe-Sierra Preservation Council …

Water In The 21st Century, Grayson Michael Shor

Social Sciences

The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.

Cooperative Construction In Schools In California, John Mauck Donley

Master's Theses

Cooperative Construction in Schools in California

John M. Donley

The construction industry has lost efficiency since 1964, while becoming increasingly more litigious. Schools in California can ill afford the time to allow the construction industry time to fully evolve. It may take years or decades to fully improve the efficiency of, and reduce the conflict within the construction industry.

At the same time, the construction industry has developed new processes to improve efficiency and reduce conflict. These processes are beginning to be broadly embraced by the industry. They all contain cooperative elements. Taken together they represent a new organizing principle …

The Analysis Of The Hcs Department's Injury And Illness Prevention Program, Matthew Evers

BioResource and Agricultural Engineering

The Horticulture and Crop Science department had created their own Injury and Illness Prevention Program (IIPP) which was placed online using Cal Poly’s “PolyLearn” module. The program had just been created and generally covered some of the basic IIPP elements required by CalOSHA law, however it had various points of improvement to fulfill all IIPP regulations. It was found that the program content was not in compliance with CalOSHA laws regarding hazard inspection, training, and record keeping, but through meetings with the various department staff, these areas were brought into compliance with CalOSHA requirements, or are expected to be …

An Index Of California Regulations Affecting Rice Growers, Maddie Dunlap

Agricultural Education and Communication

The purposed of this project was to identify and compile California regulations that affect rice growers. The final product was an index designed for rice growers and their representatives to be used lobbying efforts with regulators and elected officials. The index serves to illustrate the intensive regulations that rice growers face in California. Areas of focus include water quality, air quality, labor and pesticides indirectly.

Design And Installation Of A Mobile Agriculture Chemical Mixing Station, Jason Mendes

BioResource and Agricultural Engineering

This senior project encompassed the design and fabrication of a Mobile Agricultural Chemical Mixing System. The design parameters were provided by Mark McKean and McKean Farms from Riverdale, Ca. The project’s objective was to provide safer working conditions for operators by improving their working environment while increasing mixing efficiency. This mobile system will provide storage for materials, as well as, a diversified mixing system at the site of applications.

The major components of the project include two chemical mixers to mix materials, a 2-inch suction pump to supply water from non-powered sources, and a flatbed trailer to encompass the unit …

Pesticide Regulation Differences Of The U.S., Chile, And Mexico On Imported Berries, Kayla Felicia Gardener

Agribusiness

Growing consumer demand for knowledge in the area of food safety and producer accountability on what is applied to fresh produce is resulting in a greater need for transparency in the industry. Additionally, the demand for safe, fresh produce year round has led to extensive international trade and consumers to wonder if imported produce is of the same quality of that in produced in the U.S. The study analyzes the differences and similarities between pesticide application tolerance standards, and labels for applied use on berries produced in the U.S., Mexico, and Chile. This is done by reviewing tolerance information and …

Gender Discrimination In The Workforce, Natalie Hays, Katherine Morrow

Social Sciences

No abstract provided.

Addressing The Administration Of Planned Developments: The Case Of Arroyo Grande, California, Matthew J. Downing

Master's Theses

The City of Arroyo Grande, California has a problem administering the

regulations of five Planned Developments in the City. This problem arises

from these regulations being included in a 167-page appendix at the back of

the City’s Development Code. This appendix includes the original approvals

for the Developments. It also includes amendments to those approvals.

These amendments are only added to the appendix. Therefore, changes to

the regulations governing the Planned Developments are not tracked. It

takes City staff considerable amounts of time to research answers when

members of the public have questions regarding development in one of these

Developments. …